Negotiable Instruments Act, 1881, Section 138, 142(2)(a), Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Transfer of case - Cheque was presented by complainant for encashment with his banker at Bank in District Hamirpur - In view of amendment of S.142(2)(a) of N.I. Act, jurisdiction to try complaint vested with Court of competent jurisdiction in..........
Legal Services Authorities Act, 1987, Section 20 -- Lok Adalat - Has no adjudicatory power - By allowing the prayer of Public Prosecutor to withdraw prosecution, Lok Adalat has exercised jurisdiction not vested in it - Impugned order quashed...........
Prevention of Corruption Act, 1988, Section 13(1)(b), (2), Indian Penal Code, 1860, Section 120B -- Assets disproportionate to known sources of income - Quashing of FIR - It is desirable that FIR pertaining to corruption cases cannot be quashed at the stage of investigation, as it is difficult to form an opinion conclusively at the stage of investigation that public..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of transferee purchaser and amendment of plaint - Suit for specific performance - Suit land was firstly transferred by vendors to defendant `H' and during pendency of suit defendant `H' further transferred the same to third party - Though third party to agreement to..........
Land Acquisition Act, 1894, Section 48 -- Release of land - Lands acquired for residential and commercial development purposes could not be utilized and used for public purposes - Except the small parcel of land, all other lands have been released and acquisition with respect to same have been quashed - Acquisition proceeding rightly quashed...........
Land Acquisition Act, 1894, Section 48 -- Release of land - Land in question was already used for sewerage lines which is being used for public purpose and for residents of locality - Even, part of land cannot be released as claimed by petitioners, particularly when acquisition has been completed including payment of compensation and land vested in State government free..........
Service -- Superannuation - Educational Institutions receiving grant-in-aid etc. from State Government and refusal to provide grant-in-aid for the employee or teacher after reaching the age of superannuation, in view of the provisions contained in the Grant-in-Aid Code, cannot be said to be violative of Art.30(1) of Constitution...........
Civil Procedure Code, 1908, Section 100 -- Decree against transferor - Leave to file second appeal by transferee pendente lite - Plaintiff has succeeded in proving his title through original owner and applicants are claiming through transferor/respondent no.5 who acquired title from legal heirs of original owner - However, in view of transfer of title by original owner in..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Classification of land as pushtaini and Gair-pushtaini - Classification made by authority does not find its footing in the Act or UP Land Acquisition Rules - Said classification made for the purposes of awarding differential compensation is bad in law - Moreover, when the purpose of acquisition..........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 7, 8, 10, 13(1), 19, Indian Penal Code, 1860, Section 468, 471, 120B -- Complaint u/s 156(3) Cr.P.C. against public servant u/ss 7, 11, 13 & 15 of PC Act cannot be forwarded for investigation in the absence of sanction granted by competent authority u/s 19 of P.C. Act...........
